Rumble in the Construction Defect Jungle
Lately, reading the advance sheets of construction defect cases has been like watching one of the Rocky movies. There’s the punches (owww!). Then there’s the counter-punches…
And So it Begins . . .
This past year I wrote about a case which caused a bit of an uproar in the homebuilding industry – Liberty Mutual Insurance Company v. Brookfield Crystal…
To Be or Not to Be – Subdivision Bonds Does Not a Public Works Project, Make it Be
“To be, or not to be, that is the question— whether ’tis Nobler in the mind to suffer the Slings and Arrows of outrageous Fortune, or…
There’s a Reason Why It’s Called a “Stop Payment” Notice Not a “Let Me Pay Myself First” Notice
In a decision published January 31, 2014 (Brewer Corp. v. Point Center Financial, Inc.), the California Court of Appeal (Fourth District) affirmed a trial court’s…
The Not So Fine Print
It seems like there’s been a lot of labor law news lately. From the California Labor Commissioner’s crackdown on labor law violations this past year to new…
U.S. Supreme Court’s Decision is Music to the Ears of Large General Contractors
It’s rare for state Supreme Courts to hear construction cases. Rarer still are construction cases heard by the Supremes. ← No, not those Supremes. “The” Supremes.…
If it Walks Like a Duck and Talks Like a Duck . . . it May Just be a Goose
If you’re involved in public works projects you know that direct contractors are required to furnish payment bonds on public works projects exceeding $25,000. If a…
Who’s on First ? Secured Party Feeling Insecure Under Improvement Agreement
It’s fairly common, particularly for new developments, for public entities to require that the developer agree to construct, install or pay for improvements such as roads,…
“Just ‘Cause I Said It, Don’t Mean That I Meant It.” Not When it Comes to Construction Contracts
“Just ’cause I said it, don’t mean that I meant it. People say crazy things.” – Adele, Rumour Has It. Maybe in Adele’s world, but not…
There’s More Than One Way to Skin a Cat When it Comes to Actual Damages Under SB 800
In 2002, the California State Legislature enacted S.B. 800 also known as the “Right to Repair Act” (Civil Code sections 895 et seq.). SB 800, which…
You Say “Tomato,” I Say “Tomahto” – Not All Deadlines Are Created Equally – At Least Under the Miller Act
Deadlines. Being a litigator I take deadlines seriously. Cases can be won or lost by failing to meet deadlines. But when is a failure to meet…
Say it Ain’t So Joe! – Developer Learns There is More Than One Meaning for SOL
I was in trial last month. I couldn’t have asked for a better judge. Smart, fair . . . and witty. During the pretrial conference, opposing…
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